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[handwritten] UNOFFICIAL COPY—PLEASE DO NOT CITE
DEMOCRATIC REPUBLIC OF THE CONGO
NATIONAL INCLUSIVE DIALOGUE
CENCO GOOD OFFICES MISSION
GLOBAL AND INCLUSIVE POLITICAL AGREEMENT
OF THE INTERDIOCESAN CENTER OF KINSHASA
DECEMBER 31, 2016 1
GLOBAL AND INCLUSIVE POLITICAL AGREEMENT
OF THE INTERDIOCESAN CENTER OF KINSHASA
CONTENTS
Preamble
Section I: Definitions
Section II: Respect for the Constitution
Section III: Institutions and their functioning during the preelection and election periods
Section IV: The electoral process
Section V: Easing of political tensions
Section VI: The mechanism for overseeing the implementation of the Political Agreement and the electoral process
Final clause: Form and legal value of the Political Agreement
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PREAMBLE
We the participants in the Kinshasa talks at the Interdiocesan Center of the National Episcopal Conference of Congo (CENCO) and Representatives of the Presidential Majority, the Opposition and Civil Society, signatories to the Agreement of October 18, 2016, at Cité de l’Union Africaine, the parties of the first part, and representatives of the Rassemblement coalition, the Front for the Respect of the Constitution and Civil Society, nonsignatories to the aforementioned Agreement, the parties of the second part;
Whereas the divergences within the political class and the major risks of division of the Nation in light of the political crisis stemming from the impasse in the electoral process, whose lawfulness and continuity have been disrupted;
Becoming aware of the need for national cohesion to reestablish internal harmony grounded in a shared sense of respect for the Constitution, the laws of the Republic and universally accepted democratic principles;
Whereas the current political crisis led the stakeholders in national dialogue to sign the Political Agreement of October 18, 2016, for the organization of peaceful, credible and transparent elections in the Democratic Republic of the Congo (DRC);
Whereas some representatives of the political parties and Civil Society did not take part in this Agreement;
Whereas the Rassemblement des Forces Politiques et Sociales Acquises au Changement (RFPSAC) has filed with CENCO the October 4, 2016, report of its conclave and a memorandum containing its positions and proposals with the aim of ending the current crisis;
Whereas the Front for the Respect of the Constitution has filed its document, including its points of view on ending the crisis;
Motivated by the desire to reach a mutual understanding based on a pursuit of more inclusivity in order to resolve the political problems caused by the delay in the organization of elections;
Whereas this pursuit of inclusivity must be done in accord with the Constitution of the DRC, the pertinent resolutions of the United Nations Security Council, particularly Resolution 2277, the Addis Ababa Framework Agreement, and other relevant national and international legal instruments;
Committed to finding sustainable solutions to the current political situation through the mediation of CENCO, specifically, under the leadership of its Chairman and Vice Chairman;
Accepting our responsibilities before God, the Congolese Nation, Africa and the World, and guided by consensus as a decision-making method;
We hereby agree to and decide upon this Inclusive Political Agreement in these terms:
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SECTION I: DEFINITIONS
I.1. Stakeholders: the signatories and nonsignatories to the Agreement of October 18, 2016, with their representatives (the Presidential Majority, Political Opposition and Civil Society signatories to the October 18 Agreement on the one hand, and the Rassemblement, the Front for the Respect of the Constitution and Civil Society nonsignatories to the Agreement on the other hand).
I.2. Preelection and election period: the time between the signature of this compromise and the actual installation of the institutions arising from the elections.
SECTION II: RESPECT FOR THE CONSTITUTION
The fundamental principles enacted by the stakeholders in their understanding of “respect for the Constitution” may essentially be summarized as follows:
II.1. The stakeholders undertake to respect the Constitution of February 18, 2006, as amended in 2011, and the laws of the Republic; and to organize presidential elections, national and provincial legislative elections and local elections in accordance with said Constitution. Notwithstanding the provisions of article 5(1), they agree not to undertake or support any initiative to revise or change the Constitution.
II.2. Regarding concerns about the third term for Joseph Kabila, President of the Republic, the stakeholders note the formal affirmation he made in the following terms before the Parliament sitting in Congress on November 15, 2016: “To everyone who seems to be concerned day in and day out about my political future, I would like to say—without neglecting to thank them—that the DRC is a constitutional democracy. All relevant issues about the fate of institutions and their leaders are adequately resolved by the Constitution.” Therefore, having completed two terms, he may not seek a third.
II.3. The parties formally agree to respect the institutions and laws of the Republic, the Rule of Law, Human Rights, fundamental collective and individual freedoms, the separation of powers guaranteed by the Constitution and the right of opposition parties to exist and engage in their political activities.
II.4. The parties renew their formal commitment to promote the independence of the judiciary; national cohesion; civil peace and democratic values, specifically, the democratic transfer of power resulting from credible, free, transparent and peaceful elections; national solidarity; political tolerance; the notion of compromise through dialogue; the equality of rights and opportunities; good governance; and accountability of leaders.
II.5. The parties agree to carry out in good faith this compromise and the recommendations made by the National Council for Overseeing the Electoral Agreement and Process (CNSA).
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SECTION III: INSTITUTIONS AND THEIR FUNCTIONING DURING THE PREELECTION AND ELECTION PERIODS
III.1. Principles of governance
III.1.1. As part of their constitutional and legal prerogatives, the most important duties of the country’s national and provincial institutions entail: - ensuring the continuity of the government; - organizing within the agreed-to time period presidential elections, national and provincial legislative elections, senate elections and the elections of the governors and vice governors of the provinces.
II.1.2. The deadline for completing the preelection and election procedures in accordance with the agreed-to sequence is 12 months as of the signature of this Agreement.
III.2. Institutions with an electoral mandate
III.2.1. President of the Republic
The stakeholders agree to abide by the Constitution of February 18, 2006, as revised in 2011, particularly the following provisions:
- Article 70(1), which states: “The President of the Republic is elected by universal, direct suffrage for a five-year term that may be renewed only once.” It follows that any president who has served the second and last term may not seek a third term.
- The provisions of article 70(2), which state: “At the end of his term, the President of the Republic remains in office until the actual installation of the newly elected President.” At the discretion of the Front for the Respect of the Constitution, it follows that even though he is at the end of his term, the President of the Republic shall remain in office until his elected successor is actually installed.
III.2.2. The National Assembly, Senate and Provincial Assemblies
Given that the terms of the provincial deputies and those of the senators ended in 2012, and that the term of the national deputies expires in February 2017, the stakeholders agree that:
a) In accordance with articles 103(2), 105(2) and 197(6) of the Constitution, the national deputies, senators and provincial deputies in office remain in office until the actual installation of new corresponding legislative and deliberative assemblies chosen in the next elections to be held in accordance with the agreed-to schedule.
b) Depending on the situation and in addition to their standard constitutional assignments, the National Assembly, Senate and provincial assemblies shall have as priority legislative agendas the full set of legislative regulations and measures to defuse political tensions. 5
c) The stakeholders agree that the elected governors and vice governors remain in office in accordance with the provisions of the Constitution.
III.3. Institutions without an electoral mandate
III.3.1. In order to ensure institutional balance and guarantee equal treatment for everyone during the electoral process, the stakeholders agree that during the preelection and election periods, governance is inclusive at the national executive level. The practical procedures of this inclusive participation shall be determined through a special arrangement that is agreed to between the stakeholders and is an integral part of this Agreement.
- The Prime Minister exercises all the prerogatives attributed to him by the Constitution as the Head of the Government; - The Government of the Republic is led by the Prime Minister, who is put forward by the Political Opposition that is not a signatory to the Agreement of October 18, 2016, or by Rassemblement, and is appointed by the President of the Republic in accordance with article 78 of the Constitution; - The implementation of the principles set out above is determined through a special arrangement that is established between the stakeholders and is an integral part of the Agreement.
III.3.2. The stakeholders agree to assign to the Government of the Republic, following the example of the Institutions with an electoral mandate, the crucial duty to strive to organize credible, transparent and peaceful elections by the deadline set in item III.2 above.
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SECTION IV: THE ELECTORAL PROCESS
IV.1. The stakeholders agree to a complete overhaul of the election roster and a bimonthly assessment of current voter registration procedures.
IV.2. The stakeholders agree to hold elections in a single presidential and national and provincial legislative sequence no later than December 2017.
IV.3. The stakeholders agree that CENI shall keep the National Assembly, National Council for Overseeing the Agreement and the other stakeholders in the electoral process duly informed of the time chart that will take into account the following preelection and election procedures:
- Completion of the creation of the consolidated election roster; - Adoption of the law on the distribution of seats by electoral district and of the election law, and their enactment by the Head of State; - Notice of elections by CENI; - Organization of presidential and national and provincial legislative elections in a single sequence; - Swearing-in and installation of the new President-elect of the Republic; - Senate elections, elections of provincial governors and vice governors.
Local, town and city elections shall be held in 2018.
The stakeholders are thus requesting that CENI and the Government of the Republic take all the necessary measures for this purpose.
The stakeholders request that the Minister of the Interior revoke his decree no. 19/2015 of March 11, 2015, registering a political party called Mouvement de Libération du Congo Libéral (MLC/L).
The stakeholders also request that the Minister of the Interior revoke his decree no. 25/CAB/VPM/MININTER SEC/EB/001/2016 of January 23, 2016, registering a political party called Mouvement Social pour le Renouveau (MSR).
IV.4. Regarding the funding of elections and without affecting articles 6 and 52 of CENI’s fundamental law, the stakeholders:
➢ recommend that the Government: - gather the internal and external resources required for the election budget and scrupulously abide by the disbursement plan agreed to with CENI, in accordance with the operational implementation plan; - set up a quarterly allowance for the benefit of CENI in accordance with its disbursement plan to fund the entire electoral process, including the protection of the process; - provide all the resources needed to fund the elections; - explore the processes and methods of rationalization of the electoral system in order to reduce the excessive election costs.
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➢ encourage the International Community to support and help CENI logistically, financially and technically in order to properly carry out the electoral procedures.
➢ urge Parliament to conduct a quarterly audit on the use of the budgetary resources provided to CENI.
➢ require and diligently carry out an external audit on the management of CENI.
➢ require that CENI be transparent in the execution of contracts and encourage it to produce a logical budget for all preelection, election and postelection procedures in accordance with the option raised, and include with that budget a credible, realistic operational implementation plan.
➢ ask the National Council for Overseeing the Agreement (CSNA) to properly carry out its tasks and work with CENI and the Government to perform regular assessments of the electoral process.
IV.5. In order to guarantee CENI’s independence and impartiality and regain the trust of all the election candidates, the parties agree that: a) CENI must be revitalized as soon as possible. For that purpose, the stakeholders charge the National Council for Overseeing the Agreement with recommending all the adjustments and measures to take regarding organic structures as well as the functioning of CENI, and the suitable mechanisms to put in place in order to reinforce its capabilities and the transparency of the preelection and election procedures;
b) The Presidential Majority, the Political Opposition and Civil Society, from which the current members of CENI are drawn and which desire it, are free to replace their representatives in accordance with standard law within 14 days of the signature of this Agreement. The affected members shall tender their resignations as soon as the request is made to them by their original representatives.
IV.6. The stakeholders note the legal purpose of the term of the current members of the Superior Audiovisual and Communication Council (CSAC). They agree to the appointment of its new members within fourteen (14) days of the signature of this agreement, appointments that will abide by inclusivity and the fundamental law applying to its organization and functioning.
IV.7. Regarding the mechanism for securing the electoral process and following an overarching, in- depth diagnosis of the main issues and challenges in protecting the process, the parties recommend the following principal measures:
1. For the Government: a) Update decree no. 05/026 of May 6, 2005, finalizing the operational plan for securing the electoral process, and provide the Steering Committee with substantial resources to better carry out its duties; b) Ensure the apolitical character of the public administration, National Police and security services. 8
2. For CENI: a) Work with the stakeholders in the electoral process at the national, provincial and local levels to increase efforts to raise awareness among the population of the electoral process and electoral issues; b) Educate Congolese from abroad about the electoral process; c) Recruit more poll workers and train them, making sure to promote representation of women and young people; d) Provide the workers involved in securing the elections with suitable and sufficient resources; e) Increase the number of registration and polling stations and bring them as close as possible to the population, in an equitable manner; f) Secure the movement of ballots and all sensitive election materials; g) To the extent possible, encourage and help political parties and independent candidates to effectively train their witness clerks at the polling stations; h) Ensure that CENI workers are paid their allowances on time, and have them sign a statement of commitment; i) Involve the traditional authority and religious faiths in community outreach efforts regarding registration and voting procedures; j) Enlist the embassies and heads of the organized Congolese communities in outreach efforts and the identification, registration and voting procedures; k) Take into account the specific needs of vulnerable groups, particularly people with reduced mobility, the blind, albinos, the elderly and pregnant women, when they register and go to vote, giving them priority of access; l) Allow the blind to be accompanied by a trustworthy guide in order to help them vote for the candidates of their choosing; m) Respect the truth of the ballot boxes by publishing the results in accordance with the electors’ votes.
3. For the political parties: a) Train activists in electoral matters and educate them about citizenship; b) Sign and abide by the Code of Good Conduct; c) Agree to abide by the results of the ballot boxes and to demonstrate electoral civility; d) Ensure actual representation of women and young people on the candidate rolls.
4. For the traditional authority and religious faiths: a) Take part in educating the population about the electoral process, ensuring the apolitical and impartial character related to their status; b) When necessary, support CENI in identifying individuals when they register; c) Promote peaceful intercommunity coexistence.
5. For MONUSCO: a) Support the Government in strengthening the abilities of the elements that are trained to provide protection; b) Give CENI logistical and technical assistance in order to properly carry out the electoral procedures; 9
c) Ensure the implementation of the other relevant mechanisms of UN Security Council Resolution 2277.
6. For the Superior Audiovisual and Communication Council (CSAC): a) Ensure that all stakeholders get equal access to public media; b) Guarantee freedom of expression; c) Ensure that journalists, including correspondents of the foreign press operating in the Democratic Republic of the Congo, comply with the moral code and ethics of their profession; d) Enforce the law on the press.
7. For Civil Society: a) Remain apolitical; b) Support the consensus for peaceful, credible and transparent elections; c) Promote the teaching of peace and nonviolence; d) Prepare the population by raising awareness and educating it about the election issues; e) Make the legal texts and the code of good conduct accessible to all people; f) Observe the elections and report on them with impartiality; g) Compose objective analyses on all the election issues.
IV.8. Regarding the protection of persons and property
IV.8.1. Observations
The parties note that multiple threats influence the security of citizens throughout the country and may have a negative impact on citizens’ abilities to exercise their voting rights. These threats include: a) local and foreign armed groups; b) the unmonitored proliferation and circulation of firearms; c) the persistence of urban crime and organized crime; d) the actions of some uncontrolled segments of the national security forces; e) idle, delinquent youth; f) conflicts related to the borders of parks and nature preserves between the Congolese Institute for Nature Conservation (ICCN) and the local populations; g) humanitarian issues, particularly the issue of managing internally displaced persons; h) economic crime, including the unlawful exploitation of natural resources and money laundering that is stimulated by arms trafficking in the affected areas; i) the government’s lack of authority; j) the porousness of the borders; k) poor handling of the migration issue; l) intercommunity mistrust, with a consequence of intercommunity conflicts in a number of provinces in the country.
IV.8.2. Recommendations
To resolve these problems and ensure the security of the citizens, the parties encourage the adoption of the following suitable measures: 10
a) Neutralize armed national and foreign groups that are rampant in the DRC; b) Collect weapons held by unauthorized persons; c) Institute toll-free telephone numbers and warning centers to report insecurity during the electoral process; d) Ensure that the country’s borders are more secure during the elections; e) Revitalize and speed up DDR programs; f) Recruit new police officers to add to the current workforce and effectively protect polling stations; g) Ensure the actual presence of the public administration all over the country; h) Take appropriate steps to ensure that public administration workers are not politicized; i) Make the necessary arrangements to protect candidates during the entire electoral process; j) Identify internally displaced persons and return them to their places of origin, which are secured beforehand; k) Create jobs for youths in order to keep them from joining armed groups and being used by particular political authorities; l) Devote special attention to girls, women and children who are victims of violence, including sexual violence, and take the necessary preventive and punitive measures in this regard; m) Strengthen cooperation between MONUSCO and the National Security Forces in order to ensure the population’s security and protection; n) Move refugee camps to more than 150 kilometers away from the borders; o) Improve the socioprofessional conditions of the staff of the Security and Defense Services; p) Develop a special protection plan for the east and north of the country, particularly where the populations are victims of recurring abductions and massacres; q) Identify foreigners who are in Congo illegally and take urgent steps to prevent them from influencing the security of people and property in general and the electoral process in particular.
IV.9. The stakeholders also agree to put in place a warning platform and platform for addressing security challenges, especially with regard to violations of human rights and fundamental freedoms during the political campaigns.
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SECTION V: EASING OF POLITICAL TENSIONS
V.1. The stakeholders in this Agreement duly note the establishment of a Commission of Chief Justices for a meticulous, individualized examination of the cases of political prisoners and prisoners of conscience, the beneficiaries of the most recent amnesty law who nonetheless have not yet been released, and the cases of political exiles and refugees appearing on the attached list.
The parties have noted with satisfaction that the cases of Messrs Antipas Mbusa Nyamwisi, Roger Lumbala, Floribert Anzuluni and Moïse Moni Dela have already been processed by the aforementioned commission, which has already ruled to halt proceedings for the first three and to free the last.
The stakeholders request that the Commission of Chief Justices outright release Messrs Bagayamukwe and Mbonekube as they have already been pardoned regarding the reasons for their respective judgments of culpability.
Concerning the case of Eugene Diomi Ndongala, the stakeholders request that CENCO take action to achieve a suitable, satisfactory solution.
The stakeholders request that the Commission of Chief Justices postpone ruling on the cases of Messrs Moïse Katumbi and Jean-Claude Muyambo, which they state are entrusted to CENCO as part of the continuation of its good offices, in order to take steps and contact the relevant authorities so as to achieve a suitable, satisfactory solution.
In addition, there are the political figures prosecuted after the September 19, 2016, demonstrations and the youths from Lucha and Filimbi who were arrested on the day the efforts under the auspices of CENCO started, and all the people who were arrested and/or prosecuted around the country during the events of September 19 and December 19 and 20, 2016.
The stakeholders agree to stop unjustified legal proceedings due to tax harassment against some members of the Opposition.
In the greater national interest, the stakeholders are tasking CENCO with continuing its good offices with regard to all the relevant authorities for the follow-up on and actual resolution of remaining illustrative cases, namely, those of Moïse Katumbi and Jean-Claude Muyambo, in order for them to regain their freedom.
The stakeholders agree that the government of the Republic shall immediately continue the measures to defuse political tensions and will concurrently begin to take steps with the relevant foreign governments and international organizations in order to achieve the lifting of sanctions that were imposed against some Congolese.
V.2. Within 15 days of the signature of this Agreement, the Minister in charge of the media shall make sure to restore the signal of the audiovisual companies that were closed or barred as a precautionary measure or for noncompliance with the law.
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V.3. The stakeholders agree to guarantee equal access to public media to all political movements, specifically, by setting, in cooperation with the CSAC, a regulated airtime and by instituting in the program schedule of this media the right of reply to the Government, in accordance with article 14 of the law on the status of the Opposition in the Democratic Republic of the Congo.
V.4. The stakeholders request that the Minister in charge of the interior and public safety refrain from meddling in any way and from arbitrating the internal conflicts of political parties that fall under the jurisdiction of the courts, and that he instruct the regional authorities to avoid all hindrances to the activities of political organizations (parties and platforms) in their respective jurisdictions.
V.5. Within the context of reinforcing national unity and solidarity, the stakeholders request that the government of the Republic examine the possibility of granting fixed and equal aid to the victims of the bloody events of September 19 and 20 and December 19 and 20, 2016, and to the political parties whose headquarters were set on fire on those occasions.
V.6. The stakeholders agree to perform any other actions necessary to restoring trust within the DRC, including combining their efforts in order to maintain peace and continue to bolster national agreement and to bar any behavior and words that are incompatible with peace.
V.7. Regarding the splitting into two of political parties, the stakeholders agree that the political groups that were subject to this will regain the status they had before this division.
SECTION VI: THE MECHANISM FOR OVERSEEING THE IMPLEMENTATION OF THE POLITICAL AGREEMENT AND THE ELECTORAL PROCESS
VI.1. Principle on the nature of the Structure
In accordance with article 222(3) of the Constitution, the stakeholders agree to put in place an Institution to support democracy that is responsible for overseeing the implementation of the Agreement established between them. While awaiting the adoption of the fundamental law in urgent procedure, this Institution is set up and operates on the basis of this Compromise.
VI.2. The Structure responsible for overseeing the implementation
VI.2.1. Name
The stakeholders agree to call this structure to support democracy the “National Council for Overseeing the Electoral Agreement and Process (CNSA).”
VI.2.2. Composition
The stakeholders agree that the National Council for Overseeing the Agreement will have 28 members, including CENCO, and they request that the plenary decide on the distribution for representativeness in terms of the components.
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The structure includes 28 members from among the stakeholders. It has two bodies: a plenary and a board. The board will have a Chairman, three Vice Presidents, a Rapporteur and a Quaestor.
It will be chaired by the chairman of the Council of Elders of the Rassemblement.
VI.2.3. Assignments
The stakeholders agree that the CNSA’s mission will be to ensure compliance with the political Agreement by all the leaders of the Institutions, and to provide oversight and assess its implementation in order to guarantee the organization of credible, transparent and peaceful elections.
For that purpose, it will need to:
- Oversee the time chart of the implementation of the Agreement;
- Conduct regular assessments of the electoral process once every two months with CENI and the Government;
- Communicate regularly on the progress of the implementation of the Agreement;
- Formulate recommendations for Parliament, the Government and CENI for the proper enforcement of the Agreement;
- Ensure the resolution of possible divergences that arise from the interpretation of the Agreement between the stakeholders and reconcile their points of view in this regard;
- Consult together with the Government and CENI in order to align their outlooks on the success of the electoral process;
- Develop its by-laws subject to their compliance with the Constitution;
- Based on consensus, assess the time needed to finalize the aforementioned elections with the government and CENI.
A fundamental law shall be adopted by Parliament in order to establish the National Council for Overseeing the Agreement as an institution.
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FINAL CLAUSE:
FORM AND LEGAL VALUE OF THE COMPROMISE
The stakeholders agree to call this Agreement the:
“Global and Inclusive Political Agreement of the Interdiocesan Center of Kinshasa.”
ENTRY INTO FORCE
This Global and Inclusive Political Agreement enters into force on the date it is signed by the stakeholders.
Done at Kinshasa at the Interdiocesan Center, Saturday, December 31, 2016.
FOR THE MEDIATION,
Vice Chairman of CENCO Chairman of CENCO Fridolin Ambongo Marcel Utembi Tapa Archbishop of Mbandaka Archbishop of Kisangani
THE SIGNATORIES,
I. PARTICIPANTS WHO WERE SIGNATORIES TO THE POLITICAL AGREEMENT OF OCTOBER 18, 2016
1. Presidential Majority
01. Alexis Thambwe-Mwamba
02. Emmanuel Ramazani Shadari
03. Adolphe Lumanu Mulenda Bwana N’sefu
04. Martin Kabwelulu
06. Norbert Nkulu Mitumba Kilombo
2. Republican Opposition
01. Michel Bongongo Ikoli Ndombo 15
3. Political Opposition
01. Vital Kamerhe
02. Jean Lucien Bussa
03. José Makila Sumanda
04. Azarias Ruberwa Manywa
05. Florentin Mokonda Bonza
06. Stève Mbikayi Mabuluki
4. Civil Society
01. Marie-Madeleine Kalala Ngoy Mongi
02. Monsignor Jean-Luc Kuye-Ndondo
03. Magguy Kiala Bolenga
II. PARTICIPANTS WHO WERE NOT SIGNATORIES TO THE POLITICAL AGREEMENT OF OCTOBER 18, 2016 1. Rassemblement des Forces Politiques et Sociales
01. Félix Tshisekedi Tshilombo
02. Valentin Mubake Nombi
03. Christophe Lutundula Apala
04. Gilbert Kankonde Nkashama
05. Jean-Marc Kabund-a-Kabund
06. Joseph Olenghankoy Mukundji
07. Martin Fayulu Madidi
08. Delly Sesanga Hipungu
09. Didier Molisho Sadi 16
10. Jean-Pierre Lisanga Bonganga
2. Front for the Respect of the Constitution
01. Eve Bazaiba Masudi
02. Jacques Lunguana Matumona
03. Alexis Lenga Walenga
3. Civil Society
01. Georges Kapiamba Kapiamba
02. Christopher Ngoy Mutamba